PACE Code C

Question 1

PACE Code C

Answer 1

Detention, treatment and questioning.

Question 2

R v Chief Constable of Kent Constabulary

Answer 2

PACE Code C and Human Rights Act 1998 help strike the balance between the police’s ability to investigate crime and the rights of the private citizen.

Question 3

R v Aspinall

Answer 3

A breach of PACE Code C is fundamental in affecting the fairness of the evidence.

Question 4

Custody Officer

Answer 4

Responsible for the reception and treatment of prisoners detained at the police station. Typically the rank of Sergeant. However, the role can be fulfilled by other officers if a Sergeant is unavailable.

Question 5

Vince v Chief Constable of Dorset

Answer 5

A chief constable is under duty to appoint a custody officer to a station. They may appoint more but this is up to their discretion. Does not require a sufficient number of custody officers to be appointed to ensure the duties of custody officers are carried out by them.

Question 6

Designated Officer

Answer 6

S. 38 and 39 of the Police Reform Act 2002 allow the chief officer of any police force to designate the following roles: community support officer; policing support officer. Can carry out the same duties as a police constable except: making an arrest; to stop and search a person or vehicle; perform the functions of a custody officer if a custody officer is not available; any power that is only given to officers at a certain rank.

Question 7

Appropriate Adult

Answer 7

Safeguard the rights, entitlements and welfare of juveniles (under 18) and vulnerable persons.

Question 8

S. 107 PACE 1984

Answer 8

When Code C requires the prior authority or agreement of an officer of at least inspector or superintendent, that authority may be given by a sergeant or chief inspector authorised to perform the functions of the higher rank under this legislation.

Question 9

When does Code C not apply?

Answer 9

• Someone who Code H applies to (relates to Terrorism Act 2000 offences).
• Arrested under a warrant (S. 136(2) Criminal Justice and Public Order Act 1994) from Scotland or arrested by Scottish force without a warrant (S. 137(2))
• Arrested under the Immigration and Asylum Act 1999 for their fingerprints to be taken.
• Whose detention is authorised under Sch. 2 or 3 Immigration Act 1971 or S. 62 Nationality, Immigration and Asylum Act 2002.
• Convicted or remand prisoners on behalf of the prison service under the Imprisonment Act 1980.
• Detained for searches under stop and search powers.